e filing of income tax returns & tax audit reports for a.y. 2013-14
DESCRIPTION
The Income-tax department of India has made several changes to the e-filing provisions for tax returns. These have added considerable responsibility on tax payers and their Chartered Accountants. The presentation talks about the changes to the e-filing requirements that are effective F.Y. 2012-13 (Assessment Year: 2013-14)TRANSCRIPT
Version 10
26th September, 2013
CA AMEET PATEL
E-Filing of IT Returns & Tax Audit Reports
Contents
Due Dates for filing Return of Income
Recent Amendments relating to return filing. In ITA Forms used Changes in online filing of returns
Introduction to the ‘New Uploading Requirements’ Introduction CA Registration and Add CA Offline Preparation and Online Submission of forms Verification of Forms, View forms and View Clients Summary of Work flow Issues
Changes made in the Income Tax Return (ITR) forms ITR 1 to ITR 7
3
Due Dates
TYPE OF ASSESSEE DUE DATE
Every company, person requiring audit of accounts under ‘ITA’ or any other law, working partner of firm subject to audit
30th September
Person required to furnish transfer pricing report under section 92E (includes person subject to domestic transfer pricing audit)
30th November
Other cases 31st July
Recent Amendments in ITA
W.e.f. AY 2012-13, any resident who is otherwise not required to furnish a ROI, will now be required to furnish a return if- has asset located outside India including any financial interest in any entity,
or has signing authority in any account located outside India
The Finance Act, 2013 has made an amendment to explanation to section 139(9) – treatment of return as defective if self assessment tax and interest not paid before filing of return of income
The amendment will be with effect from 1.6.2013 and is applicable to returns filed after that date
Limits for tax audit increased to Rs. 1 crore/Rs.25 lakhs for business and profession respectively with effect from AY 2013-14
Vide IT (Seventh Amendment) Rules, 2013, even trusts claiming exemption u/s. 10(23C)/12A will have to compulsorily file e-returns (IT department is NOT accepting physical returns now)
Recent Amendments in ITA/ITR
New
New
New
New
ITR Forms to be usedForm No. Applicable To Not Applicable To
ITR-1 (Sahaj)
Individual having income only from Salaries, Family Pension, House Property (HP), Income from Other Sources (IOS)
Individual having:i. More than one HPii. B/f losses under HP iii. Loss under IFOSiv. Winnings from Lottery or Income from Race
Horsesv. R & OR having foreign assets/ signing authority
in foreign bank accountvi. Claim for foreign tax credit/ relief under section
90/90A/91vii. Exempt income exceeding Rs.5,000
ITR-2 Individual/HUF Individual/HUF having business/professional income
ITR-3 Individual/HUF who is partner in a firm
Individual/HUF having any other business/ professional income
ITR-4 Other Individual/HUF having business/ professional income
-
New
New
New
Forms Used
Form No. Applicable To Not Applicable To
ITR-4S (Sugam)
Individual/HUF having presumptive business income computed under section 44AD/44AE
Individual/HUF :i. Being R & OR having foreign assets/ signing
authority in foreign bank accountii. Claiming foreign tax credit/ relief under
section 90/90A/ 91iii. Having exempt income exceeding Rs.5,000
ITR-5 Person other than Individual/HUF/company
Persons required to file return u/s.139(4A),(4B),(4C) or (4D) – ITR 7
ITR-6 Company Company required to file ITR 7
ITR-7 Person (including company) required to file return under section 139(4A),(4B), (4C) or (4D)
-
New
New
Online filing of Returns
Changes in Online Filing of ReturnsPersons Electronic
FilingPhysical
FilingDigital Signature
(Compulsory)Pre amendment position
All persons whose total income is up to 5 lacs (except Companies and person required to furnish return in ITR-7)
a a r No change
All persons whose total income exceeds 5 lacs but does not exceed 10 lacs (except Companies and person required to furnish return in ITR-7)
a r r Earlier had the option to file the Return
physically
All persons whose total income exceeds 10 lacs (except Companies and person required to furnish return in ITR-7)
a r r AOP, BOI, firms and Artificial Juridical
person had the option to file return
physically
Changes in Online Filing of ReturnsPersons Electronic
FilingPhysical
FilingDigital
Signature(Compulsory)
Pre amendment position
Person claiming benefit of Double Taxation Avoidance Agreement (‘DTAA’) (u/s 90 or 90A) or unilateral relief (u/s 91)
a r r Had the option to file the Return
physically subject to other
conditions
Person required to furnish return in ITR-7
a r r Had no option to file return
electronically
Individual or HUF being resident and ordinarily resident having assets outside India or signing authority in any account located outside India
a r r No change
Changes in Online Filing of Returns
Persons Electronic Filing
Physical Filing
Digital Signature(Compulsory)
Pre amendment position
Firm or Individual or HUF to whom provisions of section 44AB i.e. tax audit is applicable
a r a No change
Company a r a No change
Introduction to the ‘New Uploading Requirements’
Possible Rationale for e-filing being made mandatory
Expenses reported as disallowance in the Tax Audit Report not considered by the assessee in Return of Income
Chartered Accountant signing more than specified number of Tax Audits – Excerpts from Hon’ble President’s message in CA Journal of February 2013
652 fake Membership Numbers out of which 311 Membership Numbers of deceased members
2,503 Tax Audits conducted using fake membership numbers Back dating of Tax Audit Report Assessee entering particulars of Tax Auditor without his consent Cases where assessee did not deliberately disclose certain remarks given in the Tax
Audit Report Avoidance of reporting disallowances in TAR under the guise of notes/disclosures Enabling verification of Tax Audit Report with Return of Income in all cases rather than
only for cases selected for scrutiny assessment Automation of verification of Tax Audit Report with Return of Income Ensuring greater discipline among tax payers and tax consultants
With effect from AY 2013-14, e-filing of Audit Reports under section 44AB (tax audit report ‘TAR’ alongwith Financial Statements and other Audit reports, if any), section 92E (transfer pricing – international & domestic), section 115JB (Form 29B for MAT), Form 10B (charitable trusts), Form 10BB (educational/medical institutions) and Form 10CCB (80-IA/80IB/80IC/80ID/80JJAA/80LA) have been made mandatory To be filed on or before the due date of filing the return To be filed before uploading the return Data to be entered in utility provided by income-tax department &
converted into ‘xml’ before uploading or to be entered in an online form for online submission
Tax Payer and the CA who will be signing Form 29B, TAR and Transfer Pricing report will have to be registered with the Income Tax Department Website. CA is required to have a valid PAN and DSC for the registration.
Introduction to the ‘New Uploading Requirements’
For registration and uploading of forms, steps shown in the following slides will have to be followed.
Every auditor/certifying CA will be a new user for A.Y. 2013-14 and will have to click on the Register Yourself button given on the e-filing website.
Under “Tax Professional”, select “Chartered Accountant” and click on the CONTINUE button.
The REGISTRATION FORM screen will appear. Enter the details, upload the Digital Signature Certificate (DSC) and click
CONTINUE button.
‘New Uploading Requirements’ – CA Registration
Procedure
Click on following option for
registering as tax professional
Click on “Chartered
Accountants” for registering as tax
professional
‘New Uploading Requirements’ – CA Registration
Procedure
Input following details for
registering as tax professional
‘New Uploading Requirements’ – CA Registration
On successful validation, you will be directed to the next page of registration where you have to enter additional details like Password, Contact, Postal address and enter the Code displayed on the screen and click on the SUBMIT button.
‘New Uploading Requirements’ – CA Registration
On successful registration, a message will be displayed along with a transaction ID. An email with the user ID and activation link will be sent to your registered email ID. An alert will also be sent on the registered mobile number.
Make sure you provide a valid mobile number and email ID as all the future communications will be sent to this mobile number and email ID.
‘New Uploading Requirements’ – CA Registration
‘New Uploading Requirements’ – CA Registration
After you login, the blue navigation bar on top will display additional menu options. Dashboard Option: Provides the current notifications and also the
details of your previous e-filed reports.My Account option: Provides services such as View Forms and View
Client List.e-File and Downloads options: Allows you to file your reports and
download forms, respectively.Profile Settings option: Allows you to update your profile, details like
DSC upload, secret question, contact details, change password, etc.Worklist option: Provides list of items, which may be pending for
action at your end.Helpdesk option: Allow you to raise a query, if you face any issues
while e-Filing and check status, if raised.
Assessee has to add CA to enable the CA to upload the Forms (other than ITR) on his/her behalfAssessee should Login to e-Filing portalNavigate to My Account -> Add CAEnter the Membership No. of the CA, select the Form and
Assessment Year and enter captcha code.Click submit. Success message should be displayed on the
screen.
‘New Uploading Requirements’ – Add CA
23
Step 1 for Adding CA
24
Step 2 for Adding CA
25
Step 3 for Adding CA
26
Step 4 for Adding CA – View List of CA
There are two ways for preparing and submitting the form:
1. Offline Preparation and online submission (for Forms 3CA-3CD, Form 3CB-3CD, Form 3CEB, Form 29B, Form 6B, Form 10B, Form 10BB and ITR-7)
2. Online Preparation and submission(Other forms to be submitted)
‘New Uploading Requirements’ – Preparation and submission of forms
• On www.incometaxindiaefiling.gov.in, from the ‘Downloads’ section on the right, either select ‘Forms (other than ITR)’
‘New Uploading Requirements’ – Offline Preparation
Click on following option for
downloading E- forms
‘New Uploading Requirements’ – Offline Preparation• On clicking on the e icon, a zip file appears. On selecting the zip file, a JAVA
based utility is displayed. Hence, the user is required to update JAVA (version 7 update 13) on the computer.
Select following option to
download E – utility File
‘New Uploading Requirements’ – Offline Preparation
Click on this
option to view the
list of forms.
‘New Uploading Requirements’ – Offline Preparation• ‘File’ option under the utility provides option to select the Form which you
want to fill.
Click on appropriate form as desired
‘New Uploading Requirements’ – Offline Preparation
• User will fill in the details in the Form and save the same as draft in ‘xml’ format in the desired folder.
• To reopen the draft for further editing the user needs to enter the utility on the income tax site, click on the ‘Open Draft’ option given on the taskbar, browse the saved xml file and update as per requirement.
• Common details in the form get automatically updated once entered. (eg: data filled under Form No. 3CA is picked up automatically in the Form No. 3CD (Part A) and in Annexure to Form No. 3CD (Part A). Details like company name, address, previous year and assessment year)
• Please ensure that you download the latest version of the utility from the site.
Click on “save draft”
option to save the
form
Click on “open” to access / update form
Procedure
‘New Uploading Requirements’ – Offline Preparation
‘New Uploading Requirements’ – Offline Preparation
• ‘Validate’ option, validates all the pages of the Form and throws up the errors in the form.
• Once the form is validated, ‘Generate xml’ option creates a final xml which has to be uploaded with the department.
‘New Uploading Requirements’ – Offline Preparation
1. Go to 'e-File' menu, Login and select “Upload Form“2. LOGIN to e-Filing application and GO TO --> e-File --> Upload Form3. Enter the Tax payer’s PAN, CA’s PAN; select the Form Name (other
than ITR) and the Assessment Year.4. Browse and Select the XML file5. Upload Digital Signature Certificate.6. Click 'SUBMIT'.7. On successful upload, the Form (other than ITR) is sent to Tax Payer's
workflow for acceptance.8. The Tax Payer should LOGIN to e-Filing application, GO TO Worklist
and accept/reject the form. 9. A) On Approval, the Form is successfully submitted with e-Filing
application. No further action is required. B) If Rejected, the Tax Professional can file the Form (other than ITR) again and follow the same process as mentioned in 9, 10 & 11A.
‘New Uploading Requirements’ – Online Submission of Offline Preparation
1. Alongwith the 3CD and 3CA/3CB, the tax auditor will also have to upload the scanned copies of the audited accounts. In addition, if the concerned assessee has to have a cost audit or an excise audit done or any other audit, then those reports also have to be scanned and uploaded.
2. There are certain restrictions on the size of the scanned files that can be uploaded
(See next slide)
‘New Uploading Requirements’ – Online Submission of Offline Preparation
‘New Uploading Requirements’ – Submission of Forms
1. Go to 'e-File' menu, Login and select "Submit Form Online"2. Enter the Assessee PAN, CA’s PAN, select the Form Name (other
than ITR) and the Assessment Year.3. Upload Digital Signature Certificate of the CA4. Click 'SUBMIT'.5. Enter the data and Submit.6. On successful submission, the Form (other than ITR) is sent to
Assessee's workflow for acceptance.7. The Assessee should LOGIN to e-Filing application, go to
Worklist and accept/reject the Form (other than ITR).8. a) On approval, the Form is successfully submitted with e-Filing
application. No further action is required. b) If rejected, the CA can file the Income Tax Form (other than ITR) again and follow the same process as mentioned above.
‘New Uploading Requirements’ – Direct Online Submission
There are some statutory Forms like Form 62, Form 63, Form 63A and Form 64 which needs to be initiated by Assessee and reviewed by CA. On finding the Forms in order, CA will approve and an acknowledgment number is generated.
Steps to verify submitted Forms (other than ITR) of Assessee
1. The CA should LOGIN to e-Filing application, GO TO Worklist and verify the Income Tax Form (other than ITR) submitted by the Assessee.
2. Upload Digital Signature Certificate.3. Click 'SUBMIT'.4. The Form is successfully submitted with e-Filing application. No
further action is required.
‘New Uploading Requirements’ – Verification of Forms
41
Process:Step – 1: Visit ITD Website. Assessee has to login through his Login Credentials
Dashboard will appear on the screen
Step – 2: Go to WorklistList of Reports uploaded by CA “Pending for Approval” will appear.
Step – 3:Click on “View Form” to view the Form and Attachment. Assessee can download the Attachment and Report uploaded by CA.
To submit, Assessee need to select “Approve” and affix his “Dig. Sign”.
Step – 4: On successful upload, “Upload Screen” will appear
Step – 5: Assessee can also reject the Return. However, reasons for rejections must be mentioned at the time of Rejection.
Step – 6: Acknowledgement can be generated from “My Account” -> “My Returns / Forms”. Click on the Return Ack. No.
Step – 7: Assessee can download Audit Report, Receipt and Attachments and also Acknowledgement
Acceptance / Rejection of Report by Assessee
42
Acceptance / Rejection of Report by Assessee –
Step 1 - Login
43
Acceptance / Rejection of Report by Assessee –
Step 2 – Go to Worklist
44
Acceptance / Rejection of Report by Assessee –
Step 3 – Form View & Acceptance/Rejection
45
Acceptance / Rejection of Report by Assessee –
Step 5(a) – Rejection of Report
46
Acceptance / Rejection of Report by Assessee –
Step 5(b) – Worklist after Rejection of Report
47
Acceptance / Rejection of Report by Assessee –
Step 4 – Screen after Uploading of Report
48
‘New Uploading Requirements’ – Worklist
After clicking the View form option on the screen, details of uploaded form will be shown as below.
The form viewed by the assessee in pdf format.
49
Acceptance / Rejection of Report by Assessee –
Step 6 – Generation of Acknowledgement
50
Acceptance / Rejection of Report by Assessee –
Step 7 – Acknowledgement Screen
The “XML” option gives the XML file uploaded with the ITD
The “ITR/Form” option provides the Form uploaded with the ITD in PDF
The “Receipt” option provides a receipt of the Form being uploaded with the ITD
The User can print the Form uploaded with the ITD. Please note – the ITR form that is uploaded cannot be downloaded.
51
Acceptance / Rejection of Report by Assessee
– Step 7 – Acknowledgement Screen
52
Acceptance / Rejection of Report by Assessee –
Step 7 – Format of Acknowledgement
View Forms displays the list of Forms uploaded by CA for an assessee.
The CA will type the PAN of the assessee and clicks SUBMIT button
‘New Uploading Requirements’ – View Forms
View Client list displays the list of clients of the CA
‘New Uploading Requirements’ – View Clients
Summary of Workflow – Registration and Uploading
Step 1 CA registers in e-Filing portal Assessee registers in e-Filing portal
Step 2 Assessee “adds CA” for the desired Form (Other than ITR) and Assessment Year
Step 3 CA logs in e-Filing portal
Step 4CA Downloads the offline Form, fills the data, generates and uploads the XML OrCA opens the online Form, fills the data and submits the Form
CA gets the success message and the transaction IDStep 5
Assessee reviews and approves. An acknowledgment number is generatedStep 6
Assessee can view/print the submitted Form using the functionality “e-Filed Returns/Forms”
CA can view/print the submitted Form using the functionality “View Forms”
Step 7
E-filing of Tax Audit Reports - Issues
What is meant by “audited financial statements”?Does one scan the physically signed accounts and upload”
Or can a pdf file be digitally signed and uploaded?
What about audit report, directors’ report, notes to account?
Can the physically signed TAR be different from what is uploaded?
ICAI has issued certain FAQs in this regard. Please refer to the same.
56
Scanning of audited accounts
As per the instructions online, it appears that the accounts and audit report needs to be physically signed and scanned and a digitally signed soft copy shall not be uploaded
E-filing of Tax Audit Reports - Issues
Where do you write the notes, disclaimers etc?
Every item is to be entered separately into the utility – copy paste from a spreadsheet or a document is not possible
If the processing of returns & TAR is done by CPC electronically, there could be problems of disallowance (e.g. 43B where payment is made after date of signing of TAR)
Data entry of additions to fixed assets and 40A(2)(b) items is likely to be very time consuming. The rate of depreciation needs manual updation - no validation exist for depreciation calculation. There are no validation controls for incorrect data input.
58
E-filing of Tax Audit Reports - Issues
For deductions from the block of assets, the User should select the option for “Deduct” and enter the sale value. The sale value needs to be entered as a positive figure. The software does not accept negative entries
Clause 27(b)(iv) – tax deducted but not paid – the reasons for non payment have to be given by the auditor
In the xml, there is an error happening in Clause 27(b)(iii) & (iv)
Clause 28(b)(A) - In case of manufacturing assessees, if yield is more than 100%, the utility does not accept it.
In Annexure I, we have to manually fill in the NIL figures.
The Annexure II is still part of the Form 3CD. However, from A.Y. 2010-11 the provisions of FBT are made ineffective. The online Form 3CD also does not provide this Annexure II.
59
E-filing of Tax Audit Reports - Issues
Does a signatory to any of the reports actually have to be present in India on the date on which the form is uploaded?
What happens when there are two or more Form 3CDs?
The utility is completely based on the Department’s stand and alternative stands are not possible
Will the CPC process the returns AND the 3CD electronically? If yes, will adjustments made in 143(1) be valid?
How to reduce the size of scanned documents?• In most scanners, DPI Settings is by default – 200• Scan all files in Black & White mode• For converting documents into pdf, try nitroreader
60
This field has a limitation of 1000
characters.
E-filing of Tax Audit Reports - Issues
All amounts in Indian Rupees (INR)
A calendar is provided for selecting the date field (DD/MM/YY)
All fields in grey colour are either auto-fields or non-editable
To save the file, use “Save Draft” option
An attachment to the form Should not exceed 50 MB
Should be in PDF/Zip form only
Wherever the information is captured in tablesTo add row
Click on “ADD ROW” button, fill in the data and click “ADD” button to add the data
To delete rowSelect the “ROW “to DELETE from the list and click “DELETE ROW “button
To edit rowSelect a row from the list, click on “EDIT ROW “and make changes as needed and click “SAVE”
To copy rowSelect the row to copy from the list and click “COPY ROW” button
Important Features
TAB Key cannot be used to navigate from one field of Form 3CD to another fieldUser has to click every field manuallyCopy and Paste of the data is allowed – one text box at a timeUnlike the ITR form, the validation option cannot be used only for a specific page. The validation option validates the entire formIn the Form 3CD, the status of an LLP is specifically provided
Important Features
Negative book profit is not accepted in Form 29B What if the accounting profit is negative but book profit is positive due to MAT adjustments?
Deductions from accounting profit under Explanation to section 115JB to be restricted to sum total of accounting profit and additions as per the Explanation
Is 29B to be filed even of normal tax is payable? It appears that the utility does not accept the form if MAT is not payable.
Other forms
Changes made in the Income Tax Return (ITR) Forms
Disclosure of country name
Provide alternate mobile number and e-mail address
Submit bank account number even if no refund is receivable.
Instead of MICR code, the taxpayer is now required to quote the IFSC code (IFSC is an alphanumeric 11-character code for identifying bank branches that participate in Net electronic Funds Transfer and Right Time Gross Settlement).
In Schedule CG relating to Capital Gains, a person is now required to bifurcate short term capital gains on the basis of STT paid and otherwise.
66
General changes across ITRs
67
General changes across ITRs Detailed break-up of income under the head ‘Income from other
sources’
68
Common changes in ITRs (except ITR-1)
Introduction of ‘Schedule FSI’ – Details of income accruing or arising outside India
69
Common changes in ITRs (except ITR-1)Few changes are made in ‘Schedule TR’ – Details of taxes paid outside India
Disclosure of Relevant article of DTAA is required to be made Relief claimed u/s 90/90A and u/s 91 has to be shown separately In case of Country code, ISD code is to be mentioned If TIN is not allotted, passport number is to be mentioned Exempt income not to be included in this schedule
70
Common changes in ITRs (except ITR-1)
Changes in ‘Schedule FA’ – Details of Foreign Assets
71
Foreign bank account number is to be mentioned. In case of bank account in joint names, both the holder should disclose
Financial interest to be disclosed whether or not the assessee is a beneficial owner
Item F - Details of Trusts created under laws of foreign country, in which the taxpayer is a trustee is an additional requirement
Instead of disclosure of ‘Any other asset’ only those assets which are ‘in the nature of Investments’ need to be disclosed.
Common changes in ITRs (except ITR-1)
72
Changes in ITR-3 and 4
A new schedule; ‘Schedule AL’ – Assets and Liabilities at the end of the year has been introduced, to be filled where total income exceeds Rs. 25 lakhs. Assets and liabilities as on 31st March need to be disclosed.
Personal assets and liabilities (other than those of business and partnership firm) need to be disclosed.
73
Changes in ITR-3 and 4
Probable reasons for introducing ‘Schedule AL’:
1. There have been cases where it has been found that the assets of a taxpayer do not justify the income earned by him. This disclosure will help to keep a check on the assets acquired and the income earned.
2. Many taxpayers with huge assets are not paying wealth tax. This will help Government in seeking information of the assets and cross-verifying whether wealth tax is paid or not.
Assets are to be disclosed at cost. Will non-disclosure of assets/mistake in quantum of disclosure tantamount
to concealment/inaccurate particulars? Whether foreign assets and liabilities are to be included in this schedule?
(non-resident) How to disclose assets received as gift/inheritance?
74
Changes in ITR-3 and 4
1. Land & Building – Agricultural land to be included Whether includes property agreed to be purchased – possession &
conveyance pending? Whether includes property agreed to be purchased & possession
taken – conveyance pending? Cost – whether payment yet to be made to be included? Cost – whether includes stamp duty, registration fee, transfer fee,
brokerage? Whether pre-EMI interest on housing loan forms part of cost? Whether interest on loan for purchase of land forms part of cost?
75
Changes in ITR-3 and 4
2. Deposits in Banks: Savings bank balances – as per bank passbook/statements or as per
personal accounts of assessee? Fixed Deposits – whether interest accrued to be added? PPF Account/Senior Citizens Savings Scheme Account with banks –
whether to be included? Whether Post Office MIS Deposits or Savings Accounts to be
included?3. Loans and Advances given:
Interest bearing as well as interest free loans to be taken. Whether to include loans to partnership firm by partner? Advances for purchase of property/other assets – whether to be
taken?
76
Changes in ITR-3 and 4
4. Shares & Securities Shares of both private limited as well as public limited & listed
companies Equity shares, preference shares, bonds (taxable as well as tax-free),
mutual fund units will be included. Cost to be taken on FIFO basis for demat shares inclusive of service tax,
brokerage etc.. Bonus shares to be valued at nil and cost of right shares to be taken as amount paid to company plus amount paid for purchase of rights entitlements
Whether includes NSC? Whether it includes company deposits? What if purchase/sale contract is entered before 31st March but
delivery after 31st March. Will such securities be included?
77
Changes in ITR-3 and 4
5. Insurance Policies: Whether only life insurance or also general insurance? What is the cost of life insurance policy? Only premium paid or whether bonus to be included? In cases of partial cash back received, whether cost to be reduced? By
amount of cash back or proportionately? Term Insurance Policies – whether to be included?
6. Archaeological Collections, Drawings, Paintings, Sculptures, Works of Art:
Whether following to be included?- Stamp Collections- Coins/Currency Note Collections- Valuable Old Edition Books, Maps- Photographic Collections
78
Changes in ITR-3 and 4
7. Vehicles, yachts, boats and aircrafts: Will include cars as well as two wheelers
Liabilities: In relation to assets [for wealth tax, S. 2(m), debts incurred in
relation to assets] Will it include unpaid purchase price of assets? Loans taken against security of assets – whether to be
included?
79
Changes in ITR-4, 5 and 7
Finance Act, 2012 enlarged the scope of Chapter XII-BA to include ‘Persons other than a company’ for the purpose of Alternate Minimum Tax w.e.f. AY 2013-14. Hence, a new schedule, ‘Schedule AMT’ – Computation of Alternate Minimum tax payable u/s 115JC is now introduced
80
Changes in ITR-4, 5 and 7
New schedule, ‘Schedule AMTC’ - Computation of tax credit u/s 115JD is introduced
81
Changes in ITR-5 and ITR-6
In Part A (General Information), the taxpayer is required to mention date of furnishing of Tax Audit Report, Transfer Pricing report and Report under section 115JB/115JC (for ITR 5 & 6)
Under Schedule ‘Part A-P&L’, for Gross Receipts – sale of goods, sale of services and other operating revenues (details of nature and amount) needs separate disclosure (for ITR 5 & 6)
In Part A (General Information), disclosure of whether total income of any member of the AOP/BOI (excl. his share from AOP/BOI) exceeds maximum amount not chargeable to tax (for ITR 5)
In Schedule EI (Exempt income) - For the share of income received from Firm/AOP in which taxpayer is partner/member, the PAN of such Firm/AOP and the amount of income received is required to be disclosed (for ITR 5 & 6)
In Part-OI, In case where an assessee has Recognized Provident Fund, break-up of number of employees deployed in India and outside India is to be provided.
Changes in ITR-5 and 6 In Part A-P&L, following expenses are to be bifurcated into payments made
to non-resident and others: Compensation to employees Commission Royalty Professional/consultancy/Fees for technical services Interest
In Part A-P&L, Travelling expenses for foreign travel and other than foreign travel to be disclosed separately.
For the bad-debts written off, PAN of the person and the amount of bad-debts is required to be quoted from whom the bad-debt amount of Rs.1 lac or more is claimed. (PAN to be quoted, if it is available)Where amount of bad-debts claimed from any person is more than Rs.1 lac but PAN is not available, the sum of such bad-debts is required to be disclosed separately.
Nature and amount of other expense to be specified.
83
Common changes in ITR-5 and 6
Following changes are made in ‘Part A – BS – Balance Sheet as on 31st day of March, 2013’ Under reserves, separate disclosure for credit balance in Profit & loss account is now
required. Debtors/trade receivable and creditors/trade payables are to be bifurcated on the basis
of ‘outstanding for more than 1 year’ and ‘others’. Detailed bifurcation (as mentioned below) in case of investments needs to be disclosed
Investments
ITR - 5
Long Term Investments
Short Term Investments
ITR - 6
Current Investments
Non – current
investments
84
Common changes in ITR-5 and 6
Long term Investments/ Non-Current Investments
Investment in property
Equity instruments (Listed and Unlisted separately)
Preference Shares
Govt or trust securities
Debentures or bonds
Mutual Funds
Partnership (applicable only for ITR-6)
Others
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Unsecured loans (including deposits)
Rupee loan
From banks
From person specified in
section 40A(2)(b) of the IT Act
From Others
Foreign Currency Loans
Following changes are made in ‘Part A – BS – Balance Sheet as on 31st day of March, 2013’ In case of unsecured loan, bifurcation is required as under :
Changes in ITR-5
86
Changes in ITR-6
Long term borrowings
Long-term borrowings
Term Loans
Deferred Payment Liabilities
Deposits from related parties
Other deposits
Loans and advances from related parties
Other loans and advances
Long-term maturities of finance lease obligations
Long-term and Short-term borrowings by way of deposits, loans or advances from related parties needs separate disclosure (The related parties referred here are as per Schedule VI of the Companies Act).
Following changes are made in ‘Part A – BS – Balance Sheet as on 31st day of March, 2013’ In case of unsecured loan, bifurcation is required as under :
Return filed pursuant to Advanced Pricing Agreements under section 92CD can now be mentioned in a separate check-box provided in the ITR.
Refund will now be directly credited to bank account. Option to receive refund by cheque is now removed (why this is not made applicable to other tax payers?)
Under Balance sheet: Nomenclature of Share Application Money changed to ‘Share Capital – Subscribed but not
fully paid up’. New entry for ‘share options outstanding amount’ added to the Reserves and Surplus and
new field made available to mention other reserves Credit balance of profit and loss account needs to be disclosed (debit balance as –ve figure) Money received against share warrants as well as share application money pending
allotment for more than 1 year and less than 1 year need to be disclosed separately. Changes introduced to the ITR in line of ‘Revised Schedule VI’. Non-current and Current
liabilities and assets required to be disclosed separately. Assets require disclosure for impairment loss, etc.
For long term loans and advances & non-current assets, specific disclosure is required for dues from shareholder, being the beneficial owner of shares or from any concern or on behalf / benefit of such shareholder as per section 2(22)(e).
Changes in ITR-6
• Under General Information: Details of projects/institutions run by the tax payer are required to be reported in the form:
Name of project/institution Nature of activity Classification code
Return filed pursuant to Advanced Pricing Agreements under section 92CD can now be mentioned in a separate check-box provided in the ITR
If the tax payer is a non-resident, it needs to report if there is a permanent establishment (PE) in India.
If claim under section 90/90A/91 (Double taxation relief) is made, it is to be disclosed (yes/no)
• Under other details: In case of charitable trusts, the aggregate annual receipts from any activity or services in
relation to any trade, commerce or business need to be disclosed (earlier only required to quote if it exceeds Rs.25 lacs)
Details of exemption claimed under various sub-sections of section 10 to be disclosed Tax payer needs to report if it is a ‘Political Party’ as per section 13A along with its
registration number under the Representation of People Act, 1951.
Changes in ITR-7
Under Audit Information: On similar lines with ITR 6 the date of furnishing of the Tax Audit
Report is required to be entered in to the ITR 7.
Under Tax Payable on total income: Rebate on agricultural income is added in AY 2013-14. The requirement of providing details regarding number of documents /
statements attached is now withdrawn. Earlier, details in following format were required to be given -
Changes in ITR-7
Under Schedule J – (statement showing investment of funds as on last day of the previous year): Balance in Corpus and Non-Corpus fund on the last day of the year is required to
be given. New Schedule ET included for Electoral Trust. Information asked is in below
format:
Changes in ITR-7